JUDGMENT

RK Nathan J:

Facts

The plaintiff was at all material times the Deputy Minister of International Trade and Industry of Malaysia. On 2 August 1994, the 1st defendant and his lawyer, the 2nd defendant, published statements of and concerning the plaintiff to the press at a press conference. These statements were then republished in two national Chinese publications, namely, the Shin Min Daily News and The China Press. The publications are reproduced for easy reference:

Report In The Shin Min Daily News (Of 3 August 1994)

The publication in Mandarin when translated reads as follows:

BUSINESSMAN REPORTS TO ACA CHUA JUI MENG WAS BRIBED

(Kuala Lumpur - 2nd)

Former Managing Director of Perindustrian Dimensi (M) Sdn Bhd, Hoo Kok Wing has made a report to the ACA yesterday accusing the Deputy Minister

of International Trade and Industry Chua Jui Meng was suspected of accepting RM200,000 bribe from the deputy chairman of Perindustrian Dimensi (M) Sdn Bhd, Yang Meng Jie as a price to assist Yang in setting up Perindustrian Dimensi (M) Sdn Bhd.

In the letter Hoo Kok Wing wrote to the director of ACA, he stated there was evidence to show that Chua Jui Meng has on 18/1/1993 and 15/12/1993 accepting a sum of RM100,000 each time.

It was to give Yang various kinds of conveniences inclusive of issuance of licences for installation generators, import of steel billet, hot rolled steel plate and other licences stipulated by MITI to Mr. Yang in running the business of Perindustrian Dimensi (M) Sdn Bhd.

Hoo Kok Wing said that at the time he was still the managing director of Perindustrian Dimensi (M) Sdn Bhd.

He said in the letter that he had disputes with Yang Meng Jie over the sum of money. Yang Meng Jie told him that the money was for bribing Chua Jui Meng so that he would assist him in settling the problems of bringing in foreign workers and give him other conveniences in running the business of Dimensi.

Chua Jui Meng would also issue other licences to him.

Hoo Kok Wing through his lawyer Chin Tee Fut, held a press conference to announce that he has been accused of extorting Yang Meng Jie and the series of actions taken after he was being charged in court. One of the actions taken was to report to ACA that Chua Jui Meng was corrupted.

Hoo Kok Wing also urged BPR to carry out investigation on Chua Jui Meng as being a minister, why he is able to own a $1.5 million dollar 3-storey bungalow and tens of thousands of electrical goods.

Chin Tee Fut pointed out that Chua Jui Meng has accepted not only RM200,000. The actual amount was RM500,000 - RM600,000.

The above RM200,000 has proof to substantiate.

Chin Tee Fut also said that Chua Jui Meng is only a deputy minister but he is worth more RM1.5 million dollars.

Did the money drop from the sky?

He said that after the extortion incident between Yang Meng Jie and few Malaysian businessmen, whether Yang was good or bad, Chua Jui Meng still talked good about Yang. Though a citizen from China, Yang acts like a tyrant.

It is because Chua Jui Meng is behind him.

Hoo Kok Wing and 2 other businessmen, Chau Hai Wan and Mustaffa Chan's extortion case has been brought to court on 2.4.1994 and hearing is fixed on 3-6.10.1994.

The first accused Hoo Kok Wing was released on bail in the sum of RM150,000 and the other two in the sum of RM100,000 each. Their passports were impounded.

Besides lodging a report to ACA, Hoo Kok Wing also intends to complain to the MCA chairman, Dato' Seri Ling Liong Sik so that he could deal with the matter.

The other two persons Chan Hai Wan and Mustaff Chan who claim that they are victims in this extortion case.

Both of them have written a letter to the Chief Police of Shah Alam complaining that ASP Teh Weng Kian from Petaling Jaya Police Station who is the investigation officer in the extortion case, has also accepted bribe from Yang Meng Jie. He has on 8/3 this year indiscriminately detained them for 2 weeks on the instruction of Yang and charged them in cour